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C7 11 capacity which is part of the NETWORK in accordance with the provisions of Section 6 of this Agreement. SECTION 6. Licensing to Third parties This provision recognizes the excess capacity of the NETWORK, the growing demand by private enterprise for such facilities, and the need to establish revenue sources for the recovery of expenses related to the installation and maintenance of the NETWORK. To provide a single point of contact, consistent licensing practices and coordination of the NETWORK, the City will act as Licensor on all licenses agreements. In this capacity, the City will develop a standard license agreement ("License Agreement") which shall be reviewed and approved by all members of the CONSORTIUM prior to its use. As potential customers are identified, the City will a) negotiate any necessary deviations from the standard License Agreement, b) negotiate the license fee applicable to the specific License Agreement, and c) submit each License Agreement to the TAC for its review and approval. If approval by all applicable members of the CONSORTIUM can not be obtained, the member or members granting approval can proceed with the License Agreement utilizing only their excess fiber capacity for the License Agreement. Following approval by the TAC, the License Agreement will be forwarded to the School District and the County, for review and approval. A failure by either the County or School District to respond within fourteen (14) days of receipt of the License Agreement, shall be deemed to be an approval of same by the non -responding member. Upon receiving approvals from the County and School District, or the expiration of 14 days whichever first occurs, the License Agreement will be placed on an agenda of the Vero Beach City Council for consideration and approval. Any costs associated with the connection of a Licensee to the NETWORK shall be governed by the License Agreement, and shall be set with consideration of the negotiated license fee, term length, and desired fiber quantity. Sub licenses by a third party may be permitted following submission and review of a written proposal (including all information requested by the CONSORTIUM, but not limited to, the identity of the proposed sub -licensee, the location and nature of connection), by the TAC, and formal approval by the governing body of the City as Licensor. Revenue derived from ail License Agreements shall be shared in accordance with Section 10 of this Agreement. SECTION 7. Cost Sharing The NETWORK will consist of a Primary Rorlle (Exhibit "A") that the members of the CONSORTIUM will use collectively, and Auxiliary Routes which may only serve one (1) or two (2) members. The total actual costs of installing the NETWORK, including labor, fringe benefits, materials, and fiber optics cable, will be shared between all members of the CONSORTIUM in Joint Fiber Optics Project - Interlocal Agreement Page 3 of 18